Document Page: COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION

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COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION By SUZETTE HACKNEY, JOE SWICKARD and DAVID ASHENFELTER FREE PRESS STAFF WRITERSDetroit Free Press; Detroit, Mich. 11-02-2000 COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION Byline: By SUZETTE HACKNEY, JOE SWICKARD and DAVID ASHENFELTER FREE PRESS STAFF WRITERS Edition: METRO FINAL Section: NWS Type: News Detroit Police Officer Eugene Brown, who killed three people and wounded another, will not be charged in any of the shootings and can go back to working the streets -- with a promotion -- Chief Benny Napoleon said Wednesday. , But it's unclear how that decision was reached. Napoleon said Wayne County Prosecutor John O'Hair made the decision. But O'Hair's top aide said police never produced a long-awaited investigation report on Brown's shootings so they could make a decision. That report, finished by three police executives in September, said none of those shootings was justified. But top police executives said the report was too speculative and lacked evidence to support its conclusions. A reworked version was never produced or given to prosecutors. "Surprise, surprise," lawyer Juan Mateo said wearily Wednesday. Mateo is representing the family of Darren Miller, who was fatally shot last year by Brown at a Detroit motorcycle clubhouse.

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Document Page: COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION

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"Someone has to make the Detroit Police Department accountable," Mateo said. Many community activists said they had never held out much hope that local authorities would charge Brown after clearing him at the time of each of the shootings. Napoleon said O'Hair told him in a phone call this week that there is insufficient evidence to charge Brown in any of the shootings. But O'Hair's right-hand man, Richard Padzieski, said the office couldn't act without a new report. Padzieski said the purpose of O'Hair's call to Napoleon was to find out if police were planning to submit the report. But Napoleon said O'Hair told him during the phone call that the partial evidence prosecutors have seen thus far is so flimsy, it couldn't support criminal charges. Brown, 34, has been involved in nine shootings in his 6-year career. Although Brown initially was cleared in all the shootings, the department ordered a re-examination this spring because of public outcry over his record. Due to the probe, Brown was bypassed in August for promotion to sergeant. Napoleon said the way is now clear for Brown to receive the promotion and return to street duty. "This very intense scrutiny failed to reveal any additional evidence in the shootings," Napoleon said. "Based upon that, I was notified by Wayne County Prosecutor John O'Hair that his office will not be pursuing any charges against Police Officer Eugene Brown." O'Hair refused to accept telephone calls Wednesday about the Brown decision.
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Document Page: COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION

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Padzieski, the prosecutor's chief of staff, said: "No additional evidence was forthcoming. We never did get a complete file." Brown's lawyer, Donald Stolberg, called the decision wonderful. "It's taken a very great toll on him," Stolberg said of the investigation. "Officer Brown has led an exemplary life. To have his reputation dragged through the mud on an almost daily basis -- in the media, not in a legal forum -- has been devastating for he and his family." Victor Bowman, a Southfield lawyer, who represents the family of Lamar Grable, one of the men Brown killed, said he wasn't surprised by the decision. "I never thought they were going to prosecute him," Bowman said. "They can't afford to prosecute him because of all of the money they would have to spend to settle all of the lawsuits resulting from the shootings." Bowman accused police of watering down the investigation report, which was authored by Deputy Chief Walter Shoulders and two commanders. The report has been under review by Assistant Chief Marvin Winkler since it was filed. Police executives and prosecutors said the report was filled with theories, guesses and hypotheses, none of which could be proven in court. Shoulders and Cmdr. Frazier Shaw, who worked on the report, did not return calls. Cmdr. Cara Best, who worked with Shoulders and Shaw, wouldn't comment. Brown, who has been on desk duty, also won't be facing any departmental discipline as a result of the investigation, Napoleon said. He said police commission members must promote Brown to sergeant, a supervisory position. Napoleon conceded that Brown probably would have

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difficulty gaining public trust, having become the "poster boy" for police shootings. Police Commission Chairman Edgar Vann Jr. said Wednesday that now that prosecutors have apparently spoken, the commission is obligated to promote Brown. "We have done everything in our power, in accordance with the law, to have these charges reopened, reinvestigated and reconsidered," Vann said. Detroit leads the nation's largest cities in the rate of fatal police shootings and has failed to conduct thorough investigations in some questionable shootings, the Free Press reported in May. In September, Mayor Dennis Archer asked the U.S. Department of Justice to review fatal police shootings for the past five years after a public outcry over two questionable fatal police shootings, one of which resulted in manslaughter charges against an officer. U.S. Attorney Saul Green said the decision on Brown will have no bearing on a pending federal investigation into several Detroit police shootings, including those involving Brown. Green did not discuss any details of the federal probe. Napoleon said he has done all he can to allay the concerns of family members who lost loved ones to Brown's bullets and insisted that there was a thorough investigation. "In the minds of some, that might be sufficient," Napoleon said. "In the minds of others, that may never be sufficient." Contact SUZETTE HACKNEY at 313-222-6672 or hackney@freepress.com. Contact JOE SWICKARD at 313-223-4557 or swickard@freepress.com. Contact DAVID ASHENFELTER

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at 313-223-4490 or ashenf@freepress.com. BROWN'S SHOOTINGS Detroit Police Officer Eugene Brown has killed three people and wounded one in nine gun firings during his 6-year career. Here's what happened in those cases in which someone was shot: Feb. 9, 1995: Brown fatally shot Roderick Carrington, 30, of Detroit in the parking lot of a gas station. Brown said Carrington attacked him with a knife, and the officer was cleared in the shooting. A reinvestigation by Deputy Chief Walter Shoulders concluded in September that Brown shot Carrington as he was turned away from Brown and posing no threat to the officer. Sept. 21, 1996: Brown fatally shot Lamar Grable, 20, of Detroit during a foot chase and struggle near Belle Isle. Brown said Grable fired several shots, including two into Brown's bullet-proof vest. Brown was cleared in the shooting and given a commendation. The Shoulders investigation concluded there was no evidence that Grable had even fired a gun. Jan. 22, 1999: Brown fatally shot Darren Miller, 33, of Detroit at a motorcycle club. Brown said Miller attacked him with a sledgehammer when he tried to stop Miller from assaulting his wife. Brown was cleared. The Shoulders investigation said Brown shot Miller through a closed door while Miller's wife was trying to persuade him to step outside to talk to officers. Nov. 4, 1999: Brown wounded Willie Bryant, 26, of Detroit in the leg after a car chase. Brown said Bryant tried to run him over with a car. The Shoulders report said Bryant was shot while getting out of his car and posed no threat

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to Brown. ILLUSTRATION: Photo CAPTION: Darren Miller, 33, of Detroit was fatally shot by Police Officer Eugene Brown in January 1999. Brown was cleared. Brown killed lamar Grable, 20, of Detroit in 1996 near Belle Isle. Brown was cleared and received a commendation. CAPTIONWRITER: Eugene Brown MEMO: SIDEBAR ATTACHED DISCLAIMER: THIS ELECTRONIC VERSION MAY DIFFER SLIGHTLY FROM THE PRINTED ARTICLE. Copyright 2000 - Detroit Free Press - All Rights Reverved

Citation for your reference:

HACKNEY, By SUZETTE, JOE. "COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION." Detroit Free Press; Detroit, Mich.. 02 Nov. 2000: A1. eLibrary. Web. 11 Aug. 2013.

By, JOE "COP WHO SHOT 4 WON'T BE CHARGED NO ONE ADMITS TO THE DECISION; OFFICER IS IN LINE FOR PROMOTION." Detroit Free Press; Detroit, Mich.. 2000, November 02: A1.

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